Terms of Use

1. Who we are

Pikables is a poster marketplace operated by Marvy Brands Inc., a company incorporated under the laws of British Columbia, Canada, with its registered office in North Vancouver, British Columbia, Canada, Business Number 707454898.

Contact: support@pikables.com

By creating an account or using the platform, you agree to these Terms. If you do not agree, do not use Pikables.

2. Definitions

Platform: the pikables.com website and associated services.

Seller (or Artist): a user who publishes works for sale.

Buyer: a user who purchases products.

Work: the artwork submitted by the Seller.

Digital Product: a high-resolution file delivered by download.

Customization: the changes the Buyer makes to the work before purchase, within the options offered by the Seller.

3. Registration and account

3.1 You must be 18 or over to create an account. The platform is not intended for minors.

3.2 You declare that the data provided at registration is true and undertake to keep it up to date.

3.3 The account is personal and non-transferable. You are responsible for keeping your password confidential and for all activity carried out with your credentials.

3.4 A single account may act as both Buyer and Seller.

3.5 We may refuse, suspend or close accounts that breach these Terms, in accordance with section 14.

4. How the platform works

4.1 Sellers publish works. Buyers browse the catalogue, customize the work within the options the Seller enables (such as background colour, text and border), and purchase the Digital Product.

4.2 Curation. Every published work goes through approval before becoming visible in the catalogue. Pikables may refuse or remove any work, at its discretion, including on suspicion of infringement of third-party rights.

4.3 Pikables is an intermediary. The work is authored by the Seller, who is responsible for its originality and legality. We are not the authors of the works published.

5. Digital products

5.1 The Digital Product is delivered by download link after payment is confirmed. File generation is automatic and usually takes a few minutes.

5.2 Files are supplied in high resolution, with dimensions suitable for printing at the sizes indicated on the product page.

5.3 Licence to the Buyer. The purchase grants the Buyer a personal, non-exclusive, non-transferable and non-sublicensable licence to:

• customize the work in the Pikables editor, within the options the Seller enables (for example: background colour, text and border);
• print the work for their own use, as many times as they wish;
• display it in a personal or commercial environment they own.

The customization made in the editor forms part of the delivered file. It does not transfer to the Buyer the authorship or the ownership of the work, which remain with the Seller.

5.4 The Buyer may not: resell, redistribute or share the file, license it to third parties, incorporate the work into products intended for sale, alter the work outside the options offered in the Pikables editor, or register the work as a trademark or use it as a visual identity.

5.5 The download link has an expiry period and a limited number of accesses, stated at the time of delivery.

6. Printed products

6.1 In this version, Pikables sells digital products only. The printed poster is not offered.

6.2 When the printed product comes to be offered, Pikables will be solely responsible for its sale, production and delivery, and these Terms will be updated with the applicable rules (deadlines, exchanges, taxes and colour variation) before sales begin, with notice given in accordance with clause 16.

7. Prices, currencies and payment

7.1 Prices are displayed in the currency corresponding to the Buyer's country and may vary by region.

7.2 Payments are processed by Stripe. Pikables does not store card data.

7.3 Completion of the purchase is conditional on approval of the payment by the processor.

8. Refunds and right of withdrawal

8.1 Digital products: no refunds. The digital product is delivered immediately and irreversibly. Once the file has been made available, it cannot be returned, and the purchase is not eligible for refund or cancellation.

8.1.1 Consent to immediate delivery. At the time of purchase, before payment is confirmed, the Buyer expressly declares that they:

• want the file delivered immediately; and
• are aware that, once delivery begins, they lose the right of withdrawal that might otherwise apply to them.

This consent is mandatory in order to complete the purchase. We record the date, the time and the version of the text accepted.

8.1.2 Sole exception. We issue a refund where the file is not delivered due to a technical failure on our side, or where it is demonstrably corrupted or differs from the product advertised, and it is not possible to correct it.

8.2 Printed products: not applicable in this version, in accordance with clause 6.1.

9. Rules for Sellers

9.1 By publishing a work, the Seller grants Pikables the licence described in the Work Licensing document, which forms part of these Terms, covering the commercialisation of the work in digital and printed form.

9.2 The Seller declares and warrants that they are the author of the work or hold all rights necessary to license it, and that the work does not infringe third-party rights.

9.3 Commission. Pikables retains a percentage of each sale, stated in the Seller dashboard at the time of publication and applicable to sales made from then on. Changes to the percentage will be communicated at least 30 days in advance and do not apply retroactively to sales already made.

9.4 Payout. The amount owed to the Seller is calculated in fortnightly cycles and comprises sales completed more than 7 days before the closing date of the cycle. The payout is made within 5 business days after the cycle closes.

9.4.1 The payout is subject to a minimum accumulated amount of US$ 50.00, or the equivalent in the payment currency. Amounts below this minimum remain accumulated for the following cycle, with no expiry period.

9.4.2 The Seller must keep the data necessary to receive payment registered and up to date. A payout not made because of missing, incorrect or outdated data remains accumulated until the situation is corrected.

9.4.3 Any transfer and currency conversion costs are stated to the Seller in the dashboard.

9.5 Chargeback after payout. If a sale already paid out is reversed, cancelled or disputed before the payment processor, the corresponding amount is deducted from subsequent payouts. Where there are not enough future payouts, the Seller must return the amount.

9.6 The Seller is responsible for their own tax obligations on the amounts received.

9.7 The Seller may remove their works at any time, subject to section 5 of the Work Licensing document as regards sales already made.

10. Prohibited content

It is not permitted to publish works that contain or constitute:

• infringement of copyright, trademarks or image rights of third parties;
• sexually explicit content or content involving minors in any way;
• incitement to hatred, violence, discrimination or illegal activities;
• characters, logos or elements owned by third parties without authorisation;
• the image of an identifiable person without the necessary consent.

10.1 Works created with the aid of artificial intelligence. These are permitted, provided that the Seller holds the rights necessary to license them under clause 9.2 and that the result does not reproduce a third party's work. Where the image is substantially generated by artificial intelligence, the Seller must indicate this when registering the work. The indication is informative and does not imply any judgement as to the quality of the work.

11. Copyright and infringement notices

11.1 If you believe that a published work infringes your rights, send a notice to support@pikables.com containing: identification of the work, proof of ownership, your contact details and a good-faith declaration.

11.2 We will assess the notice and may remove the work as a precaution while the review is under way.

11.3 The Seller will be informed and may submit a counter-notice.

12. Reviews and user content

12.1 Buyers may review products they have purchased. Reviews are public.

12.2 By publishing a review, you authorise its display on the platform next to the product. The author is publicly identified by first name and the initial of the surname. We do not display the full legal name, the email address or any other Buyer data.

12.3 We may remove reviews that are offensive, false or in breach of these Terms.

13. Availability and changes to the service

13.1 We work to keep the platform available, but we do not guarantee uninterrupted operation.

13.2 We may change, suspend or discontinue features, with prior notice where the change is material.

14. Suspension and termination

14.1 You may close your account at any time.

14.2 We may suspend or close accounts in the event of a breach of these Terms, fraud, or use that harms the platform or third parties.

14.3 Termination does not affect licences already granted to Buyers who acquired works before the termination, nor the payouts owed to the Seller for sales already made.

15. Limitation of liability

15.1 Pikables is not liable for indirect damages, loss of profits or loss of data arising from use of the platform.

15.2 Our total liability in relation to any order is limited to the amount actually paid for that order.

16. Changes to these Terms

16.1 We may update these Terms. Material changes will be communicated by email to all registered Sellers and Buyers, with reasonable advance notice, in addition to a notice on the platform. Continued use after they take effect implies agreement.

16.2 Each version of these Terms is given a number. The version in force and the date of update appear at the top of this page. This is Version 1.3.

16.3 Succession. Pikables is currently operated by Marvy Brands Inc. In the event of a corporate reorganisation, succession or transfer of the operation to another company in the same group, these Terms remain valid and become binding on the successor, which assumes the same obligations. The change will be communicated through the channel provided for in 16.1.

17. Governing law and jurisdiction

17.1 Amicable resolution first. Before any legal action, you agree to contact us at support@pikables.com. Most matters are resolved this way, and we will respond within a reasonable time.

17.2 General rule. These Terms are governed by the laws of the Province of British Columbia and the laws of Canada applicable therein. The competent courts of Vancouver, British Columbia, are elected, save as provided in items 17.3 and 17.4.

17.3 Consumers. If you contract as a consumer, nothing in these Terms sets aside the mandatory consumer protection rules of your country of habitual residence, nor your right to bring proceedings against Pikables before the courts of your domicile. In particular, a consumer domiciled in Brazil may bring an action in the courts of their domicile, and Brazilian consumer protection legislation applies insofar as it is more favourable to them.

17.4 Sellers. The relationship with the Seller is in the nature of licensing between parties acting professionally, and is governed by the general rule in item 17.2. If a mandatory rule of the Seller's country of residence prevents that election, item 17.3 applies as far as applicable.

17.5 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remainder shall remain in force.

17.6 Prevailing language. This document was drafted in Portuguese. The English and Spanish versions are translations provided for ease of reading. In the event of any discrepancy between the versions, the Portuguese version prevails, save as provided in item 17.3.

18. Contact

support@pikables.com, Marvy Brands Inc., North Vancouver, BC, Canada.